Nothing in these Terms and Conditions affect any rights you may have as a “consumer” under any statute.
To the extent that either the New Zealand Consumer Guarantees Act applies, you confirm that
- if you are acquiring the artwork/s for business purposes the New Zealand Consumer Guarantees Act 1993 will not apply;
- if you are acquiring the artwork/s other than for personal, domestic or household use or consumption, then the Australian Competition and Consumer Act 2010 will not apply;
- where you resupply the artwork/s in trade to a person acquiring them for the purposes of a business, then: you must include a term in your contract with that person that the artwork/s are being acquired for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply in respect of those artwork/s, and you must not make any representation in relation to the performance, quality or application of the artwork/s without our prior written approval;
- and iii. you indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of these Terms and Conditions.
Our obligations to you
The material and information contained in the online shop is supplied to enable you to make your own determination as to a artwork/s suitability for your purposes prior to placing an Order. Nothing in the online shop is to be construed as a recommendation to use any artwork/s.
To the fullest extent permitted by law, we disclaim all warranties, descriptions, representations or conditions in respect of the artwork/s, whether express or implied, including (without limitation) warranties as to merchantability and fitness for any purpose.
Subject to your statutory rights, including under any applicable consumer law, you agree that we, and anyone that we are responsible for, are not liable to you at law, by statute, in equity or otherwise arising from our relationship for any loss (including, without limitation, loss of profits), cost, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with:
- the supply or non-supply of the artwork/s, for any breach of our obligations under these Terms and Conditions, or for any other reason which relates to these Terms and Conditions or the artwork/s; or
- your access to or inability to access the online shop, including any viruses alleged to have been obtained from the online shop, any computer error, business interruption, or data loss you allege was caused by the online shop, your use of or reliance on the online shop or any of the information or materials available on this online shop.
- Subject to your statutory rights, including under any applicable consumer law, if, despite the other provisions of these Terms and Conditions, we are found to be liable to you then our liability for any single event or series of related events is limited to the amount you actually paid for the artwork/s which gave rise to your claim.
- You confirm that these Terms and Conditions are reasonable having regard to the price payable for the artwork/s and their nature.
We will only sell to you if you are over eighteen (18) years of age. By placing an Order, you confirm you are over 18 years of age. If we suffer any damage or loss because you are not over 18 years of age when you place an Order, we reserve the right to seek compensation for such damage or losses from your parents or guardians.
You acknowledge that we are the sole owner or licensee of all intellectual property rights in the artwork/s and in the online shop. We hold copyright in all content and elements of our online shop. You must not copy, alter or reproduce any artwork/s (or any part of an artwork/s), our content or logo, or the online shop (or any part of the online shop), nor permit any person to do so without our prior written consent.
We try to display as accurately as possible the colours of the products shown on the online shop. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Price and GST
The price for the Products will be the price in NZ dollars as quoted on the online shop at the time of placing your order, and
the costs associated with delivering the artwork/s to you.
Unless otherwise stated on the product listing and in our invoice for the artwork/s, we will bear the cost of goods and services tax payable under the New Zealand Goods and Services Tax Act 1985 (“GST”) and import duty payable (if any) on products you purchase from us.
Changes to Price and Products
We may alter the prices of the artwork/s, and the artwork/s available, and any other information on our shop, at any time before you place an order without notice to you.
We may issue a voucher at any time (“Voucher”), including for discounts, promotions and if a refund is given. A Voucher can only be used for purchases on our shop and is not transferable. A Voucher has no monetary value and cannot be converted into currency. When you use a Voucher any voucher discount will be pro-rated across all items in an Order.
A Voucher may also contain additional terms (such as a minimum order value, or type of product on which it may be used, and expiry date). Those terms apply to each Order using that Voucher in addition to these Terms and Conditions, and we reserve the right to change the terms on our Vouchers at any time (provided that we will not cancel, revoke, or change the terms of any Voucher once it has been issued to you).
A Voucher expires 6 months from the date and time in which this was issued.
- cancel or refuse to accept a Voucher which is expired or which we reasonably consider to be fraudulent or not authorised by us; and
amend or terminate our referral rewards programme or any other method of issuing Vouchers at any time
- In the event of a refund being processed against your order, this will be given using the method in which you originally paid for the order.
If you used a credit voucher to purchase, you will be given a credit voucher for the amount of the refund.
Credit card purchases will be refunded to the credit card used in the original transaction, the value of which will not exceed the original amount paid.
The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply to these Terms and Conditions.
Any exercise or failure to exercise any right or remedy available to us does not limit our rights to exercise that or any other right or remedy. A waiver of any of these Terms and Conditions must be specified in writing and signed by an authorised member of Art Tomasoa Limited
The exercise by us of any express right set out in these Terms and Conditions is without prejudice to any other rights, powers or remedies available to us in these Terms and Conditions, at law or in equity, including any rights, powers or remedies which would be available to us if the express rights were not set out in these Terms and Conditions.
Where any part of these Terms and Conditions is rendered void, unenforceable or otherwise ineffective by operation of law, that will not affect the enforceability or effectiveness of any other part of these Terms and Conditions. Subject to your statutory rights, including under any applicable consumer law, our liability for breach of such conditions and warranties shall be limited to the replacement of the artwork/s or the re-supply of the same artwork/s; the payment of the cost of replacing the artwork/s or of acquiring equivalent artwork/s.
The Terms and Conditions which apply to an Order are those posted on our shop at the time of your Order. We may, by notice to you (including by click-through agreement at point of sale, or similar notice), vary these Terms and Conditions at any time.
You may not assign any benefits, rights or obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
Non-performance by us of any of our obligations under these Terms and Conditions will be excused, without liability for that non-performance, during the time and to the extent that our performance of the obligation is prevented, wholly or substantially, by any event or circumstance beyond our reasonable control.
This shop and these Terms and Conditions are governed by, and will be interpreted in accordance with, the laws of New Zealand without reference to conflict of laws principles. Any disputes between us are subject to the non-exclusive jurisdiction of the New Zealand courts.